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On The Perfection Of The Civil Action Evidence Exchange System

Posted on:2013-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2246330392454747Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the rapid socio-economic development, people’s lives are increasingly complexdisputes events proliferated influx court, how to improve trial efficiency, reduce the costof justice, to prevent "litigation flood the" litigation raid "increasingly put on the judicialreform agenda. Trial to strengthen the efficiency of the proceedings, and promote partiesreconciliation, saving litigation costs and other powerful features pretrial evidenceexchange system more and more national attention, and thus become an important systemin the civil proceedings. China in the development of many years of judicial reformprocess in this regard has also made a huge effort,"the provisions of the civil actionnumber of issues and come into force in2002, civil litigation pretrial evidence exchangesystem in legislative practice in the possession ofplace. August31,2012the EleventhNational People’s Congress in the twenty-eighth session of the Standing Committeedecision on amending the Civil Procedure Law of the People’s Republic of China, in turnbefore the hearing to prepare a separate one for our trialexchange of evidence before theprogram provides a legislative practice. However, due to the late start of the pretrialevidence exchange system provisions of and too principled result in practice, there is a lotof controversy and defects, imperfect pre-trial evidence system will eventually become abottleneck restricting the fairness and efficiency of China’s Civil Procedure functioning.Based on this on the basis of a comprehensive analysis of the origins of civillitigation pretrial evidence exchange system, the concept of the characteristics andfunctions as the representative of the United States and Germany, examines the evidenceof the common law and civil law countries exchange system, and Analysis of twothe legalsystems of the system running the process.Directly transplanted abroad for China’sspecific national conditions summarize system adversity, and finally put forward somesuggestions for improvement, in order to contribute to the constant improvement of ourcivil litigation system of pre-trial evidence..
Keywords/Search Tags:civil action, evidence exchange, evdidence discovery, pritrial procedure
PDF Full Text Request
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